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New Braunfels Herald-Zeitung (Newspaper) - September 18, 1997, New Braunfels, Texas THURSDAY VB coaches see District 284A as threeteam race New Braunfels 50 CENTS 16 pages in two sections Thursday September Serving Comal County and surrounding areas for more than 145 years Home of Gerald and Pam Tlmmarman Vol 145 No 221 Inside Stammtisch Birthday wishes from the HeraldZeitung The New Braunfels Herald Zeitung extends birthday wishes to David Heefner Janie Lopez Ken neth Walker Guy Garrott Ger ald Timmerman Romeo Zamo ra Mark Sanchez Deana Fischer Sybil Hintner and Happy Anniversary wishes go to Kathy and Steve Meurin Gerald and Pam Timmerman 15 years and Jackie and Romeo Zamora 4 To have a birthday or anniver sarv listed here call 6259144 Pollen Count Mold Pigweed 10 Ragweed 106 Grass 6 Cedar Elm 24 Poten measured in parts per cubic meter of air Information provided by Dr Frank River Information Comal River 294 cubic feet per sec ond down 5 from Wednesday Edwards Aquifer Panther Canyon Well feet above sea level down 02 from Wednesday Canyon Dam discharge 350 cfs Canyon Lake inflow 252 cfs Canyon Lake level feet above sea conservation New Braunfels Utilities NBU reports pumping million gal lons of surface water Wednesday and million gallons of well water were used Weather cools off this weekend Tonight Partly cloudy Low in the upper 70s South east wind 510 mph Friday Mostly sunny and continued very warm High in the upper 90s South east wind near 10 mph Saturday Partly cloudy with thunderstorms likely late in the day Highs in the 90s Sunday Mostly cloudy and much cooler with a chance of rain or showers Lows in the 50s Highs in the 70s Monday Partly cloudy Lows in the 50s 40s Hill Country Highs in the 70s near 80 west Watch out for road work Motorists driving around town need to be on the look out for work crews in the fol lowing areas Work crews will be preparing Hackberry Street near Katy Street for additional construction and reshaping City crews will be restrip ing parts of Common Street near the fair grounds in antici pation of the Comal County Fair Department of Transportation crews are con tinuing work to expand Inter state 35 between Solms Road and FarmtoMarket 3009 No lanes will be closed but southbound exits with the exception of FM 482 will be closed Work soon will begin FM 1102 between Watson Lane and Hoffman Lane and traffic will likely be reduced to one lane next week Thrift shop needs donations The Community Service Thrift Shop is now soliciting donations All items are wel comed Bring donations to 132 Caddell or contact Pete at 6253439 for pickups on Tuesdays and Wednesdays Thrift shop hours are 9 to noon and 1 to 4 Court orders new Davis trial Appellate judges vote 72 to retry capital murder case From staff and wire reports HeraldZeitung file photo An appellate court ruled Jack Warren Davis could be retried for the 1989 slaying of Bulverde Elementary School teacher Kathie Balonis AUSTIN In a case turning on constitu tional limits On repeated prosecution for the same offense the Texas Court of Criminal Appeals has given the goahead for a new trial in a capital murder case from New Braunfels Jack Warren Davis who has maintained his innocence and is living in Mississippi originally was sentenced to life in prison in the 1989 stab death of Kathie Balonis a teacher at Bulverde Elementary School The indictment said her murder occurred during an aggravated sexual assault or burglary with intent to commit such an assault Louise Balonis the victims mother who lives at Canyon Lake said today It is a very good decision Jack Davis murdered our daugh ter Well I dont think any trial can give Jack Davis the justice he deserves That is entirely up to God When we are on this earth we have rules we have to follow He broke the ultimate rule He murdered Kathie We are looking for ward to the day when he is back in The 3rd Court of Appeals reversed Davis conviction in 1992 saying actions by thendis trict attorney Bill Reimer denied Davis a fair tri al It sent the case back for a new trial But Davis argued that he should not have to The Balonis capital murder case Nov School teacher Kathie Balonis 24 was found beaten strangled and stabbed to death in her apartment at New Braunfels Oaks Apartments Jack Warren Davis who was a maintenance worker at the apartment was charged with the capital murder was convicted of the murder of Kathie Balonis and was given a life sentence court of appeals reversed the conviction based on prosecutorial misconduct November district court ruled there was enough evidence to require Davis to stand trial for the Balonis death despite questions about the validity of testimony by serologist Fred Zain who was accused of mishan dling and fabricating evidence in numer ous other cases The decision was appealed to the Texas Court of Criminal Appeals December Judge Charles Ramsay granted a defense motion to lower Davis bail from to Ramsay also barred Davis from remaining in Texas while he awaited the new trial November settled a civil lawsuit against Zain and would receive a settlement Sept Texas Court of Criminal Appeals cleared the way for prosecutors to retry Davis for the 1989 murder undergo a second trial citing constitutional guarantees against double jeopardy The guarantees protect criminal defendants against a second prosecution for the same offense after an acquittal or conviction and after a mis trial due to prosecutorial misconduct Red Barons fly into New Braunfels Aircraft on display at municipal airport By DENISE DZIUK Staff Writer Residents will have an opportunity today and Friday to step back in history and view two planes from the 1940s and support the Texas Special Olympics at the same time Two planes from the Red Baron If youre going The Red Baron Biplanes will be on display at New Braunfels Airport Hangar No 1806 today and Friday Take Texas 46 east turn left on Farmto Market 758 and then turn left on Airport Road Stearman Squadron came to New Braunfels Airport Wednesday to pro mote the Red Baron products and raise money for the Texas Special Olympics Robert Starr key account manager in San Antonio said the main purpose of the threeday event was to increase sales However he said a portion of the sales in the next two weeks would be donated to the Special Olympics Donations also are being taken at the event Any city they do we have to choose a char ity and our charity of choice is the Special Olympics in San Antonio and the surrounding Starr said Pilot Patrick Rediker said the two planes brought to New Braunfels were built in 1943 and 1944 and were part of a sixplane squadron He said the squadron traveled across the coun try from March to November doing promotions and air shows So far the six planes have been to approximately 200 cities throughout the Unit HeraldZeitung photo by Michael Darnall Red Barons Pizza pilots Patrick Rediker and Travis Aukes took area media for acrobatic rides over Comal and Guadalupe Counties Wednesday ed States he said I dont think theres too many states were going to miss this he said You can say its a real novel way to market The squadron gets its name from Baron Man fred von Richtofen who was famous during World War I for personally downing 80 Allied aircraft The airplane he flew was bright red hence the nickname Red Rediker and another pilot flew about three hours Wednesday morning from Longview to New Braunfels He said they would be at the air port through Friday The pilots will be giving rides to only sales representatives and business people but the public is invited to view the air planes visit with the pilots and watch the flights Rediker said the public usually enjoyed the events Its like the circus comes to he said We really like to show the kids the plane because a lot of times its the first time theyve been this close to Visitors to the Red Baron Stearman Squadron can also purchase caps and toy planes During his original trial after learning about contact between the district attorney and a witness who then changed her testimony Davis asked for a mistrial on the grounds of Turn to Davis Page 2A GBRA gives approval to San Antonio water pact By DAVID DEKUNDER Staff Writer WORD delays vote on early warning system By DAVID DEKUNDER Staff Writer SATTLER Water Oriented Recreation District board members said Wednesday they thought the plan for an early warning system for floods on the Guadalupe River was incomplete GuadalupeBlanco River Author ity chief engineer Tommy Hill gave a presentation to WORD at its board meeting at t he Canyon Lake Action Center in Sattler Hill told the board that GBRA was developing a sys of rain gauges along the lower portion of the Guadalupe River from Canyon Dam to New Braunfels He said the early warning system would be a network of rain gauges that would feed information to GBRA computers in Seguin The board did not vote to con tribute money to the project because it was listed on the agenda as a pre sentation only not an action item Hill said GBRA committed toward the project The estimated cost to develop the early warning system is projected at GBRA wants to sign inter local agreements with Comal Coun ty city of New Braunfels and pos sibly WORD to ftmd the early warn ing system Comal County set aside toward the project contingent upon completion of an interlock agree ment New Braunfels City Council is expected to consider setting aside for the early warn ing system at its Monday meet ing Hill said GBRA knew how it wanted to set up the warning system but it had not decided how campers tubers and rafters along River Road would be notified to evacuate once a flash flood occurs We want the system in operation by Hill said The ultimate plan is to have five rain gauges in the watershed below Canyon Dam which will be used to help predict a flash Board president Guy Anderson said before WORD would commit funding to the project he wanted to see a plan that would take in account the businesses outfitters and campgrounds along River Road and the process in which they would be alerted in case of a flash flood Somebody would have to put a package that will tell us the benefit to Anderson said Board member Scott Watson said he wanted to see a more com plete plan from GBRA We want to see the whole thing Watson said We want to see it Anderson said he would like to see the system expanded some time in the future to the upper portion of the Guadalupe River in Comal County In other business The board heard from Manager Jim Inman who said Shiner Beer offered a grant to WORD which could be used for safety and conservation priorities along the er WORD has to tell Shiner Beer how it plans to spend the money before it can receive the grant Board members approved a fourmonth contract renewal with the Canyon Lake Chamber of Com merce for for the promotion of the lake and the Guadalupe Riv er S EG JIN San Antonio could be using water from Canyon Lake thanks to action taken Wednesday by the GuadalupeBlanco River Authority board of directors In a 53 vote the GBRA board approved a pre liminary agreement to supply western Comal County and Bexar County with to acrefeet of surface water per year from Canyon Lake After the vote board chairman Walker of New Braunfels said the project was a step in the right direction for GBRA This is a big decision which will not only affect our basin but ultimately all of Walker said I am pleased we can move forward with this The Canyon LaketoSan Antonio pipeline pro ject which GBRA general manager Bill West said would cost million would bring acrefeet per year to Bexar County and between to acrefeet per year to western Comal County An acrefoot equals approximately gallons of water The agreement would provide surface water to areas that depend on the Edwards Aquifer and need to reduce their dependence on it GBRA plans to build a water transmission line from the south side of the lake along Texas 46 and south to 281 into northern Bexar County Part of the transmission line would break off from the main line and go west on Ammann Road toward Fair Oaks Ranch The river authority would construct an 8mil liongallonperday water treatment plant on the lakes south side to distribute the water The entities who have signed preliminary agree ments are the San Antonio Water System city of Fair Oaks Ranch city of Boerne Bulverde ties and Apex Water Corporation Oak Village Boerne has signed a separate agreement with GBRA to get surface water from the Guadalupe River GBRAs director of project development David Welsch said Boerne was considering join ing the western Comal CountyBexar County pro ject because it would be less expensive The San Antonio River Authority Bexar Met ropolitan Water District and the Comal Indepen dent School District also have expressed interest in the agreement Welsch said water retailers can expect to pay GBRA per gallons of water The Canyon Lake Water Supply Corporation has indicated it would not participate in the project Welsch said Welsch said GBRA had offered to provide CLWSC with water separate from the pipeline project West said with approval of the preliminary Turn to GBRA Page 2A Greene gets ready for music test Oct Page 9A
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